The High Court in Mombasa has extended orders restraining a private developer from carrying out any works at the Dunga Unuse slum in Changamwe constituency.
High Court Judge Anyara Emukule issued the orders following an application by the Mombasa County government who filed the suit against Westlands Properties Ltd.
The county government’s counsel Sanjiv Kargram had filed an urgent application on October 2, seeking to stop Westlands Properties Limited from carrying out any developments on the land until the hearing and determination of the case.
Judge Emukule in his ruling also directed the County Police Commander and the Attorney General to file their papers within the next 10 days.
Judge Emukule extended the restraining orders to the directors of Westlands Properties from excavating on the controversial five-acre plot or constructing a perimeter wall pending the hearing of the case on October 27.
The court had earlier heard from Mombasa County Executive in charge of Lands, Planning and Housing Mr Francis Thoya who said the residents were forcefully evicted on September 22 by hired goons who were in the company of police officers.
Mr Thoya dismissed claims that the county government had received an application from the company that it intended to carry out the demolition of buildings at the slum.
The lands executive also denied claims that the county government had approved or made recommendations in accordance with the Environment Act.
“As the person in charge of planning in the county government, the recent eviction of residents in Dunga Unuse slums was being carried out without my knowledge,” said Mr Thoya in his affidavit.